Darwin A. Yantha

Two applicants charged with impaired driving and operating a motor vehicle with blood alcohol concentration exceeding 80 mgs per 100 ml of blood brought a motion for disclosure of records relating to the Intoxilyzer 8000C breath testing device used in their cases.

The Crown refused disclosure on grounds of irrelevance.

The court ordered disclosure of six categories of information including the analyst's certificate for the alcohol solution, calibration records, maintenance logs, and previous subject test records (with personal identifiers redacted).

The court found that the disclosure sought was relevant to allow the accused to meet their burden under section 258 of the Criminal Code to prove the instrument malfunctioned or was operated improperly.

The applicants sought disclosure of six categories of information relating to the Intoxilyzer 8000C breath testing device used in their respective impaired driving cases.

The Crown refused disclosure on the basis that the information was clearly irrelevant.

The court granted the disclosure applications, finding that the requested information fell within the Crown's disclosure obligations under the Stinchcombe test.

The court emphasized that given the statutory requirement under section 258 of the Criminal Code for accused persons to prove instrument malfunction or improper operation, accused persons must have access to maintenance records, calibration records, previous test results, and related documentation to meet this burden.